National Lotteries Board v South African Education and Environment Project (788/10)
National Lotteries Board v South African Education and Environment Project (788/10) [2011] ZASCA 154; [2012] 1 All SA 451 (SCA); 2012 (4) SA 504 (SCA) (28 September 2011)
The Supreme Court of Appeal held that the National Lotteries Board unlawfully refused the funding applications by applying its guidelines rigidly and inflexibly, thereby fettering its discretion. The guidelines, while serving a useful purpose, must not be treated as immutable rules; insignificant or technical non-compliance should be condoned if the object of the guidelines is achieved. The Board failed to consider each application individually and did not justify its decisions adequately. Furthermore, the Board was not permitted to advance new reasons for refusal in its answering affidavits,…
Source excerpt
- Promotion Of Administrative Justice Act
- Guidelines In Administrative Decision Making
- Duty To Give Reasons
- Review Of Administrative Action
- Discretion And Fettering
- Public Finance Management